Even though Rivera's alleged confession occurred in the middle of the night after a grueling day of accusatory questioning that put him into a documented, jibbering psychological meltdown, the state says it proves he's guilty.

It comes down to this:

Do you believe that the reason another man's DNA was found inside the 11 year old rape and murder victim is because she had sexual intercourse with someone else prior to her murder, though there is no evidence whatsoever that she was sexually active?

Or do you believe that, somehow, police coaxed a false confession out of a mentally challenged young man over the course of a gruelling interrogation?

Which is more likely? And could anyone possibly be sure of the first possibility beyond a reasonable doubt?

Astonishingly, 12 jurors in 2009 were sure: The reason the DNA inside the 11-year-old victim was not Juan Rivera's is that she'd recently had sex with someone else, someone never identified, someone unknown to her family and friends.

Posted at 12:02:57 PM

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---Wow - what were the parent's reaction to this verdict, and their opinion on this appeal? Do they think this kid did it, or do they think the police/DA are a bunch of incompetent morons, as I'm feeling right now.

I hadn't heard of, let alone followed, this case, but I'll bet at Rivera's original trial the prosecution made much of how young and innocent and pure little Holly was and what a monster Rivera was to prey on her. Now that their theory is falling apart, they're more than willing to paint little Holly as some precocious slut who was secretly sexually active with some unknown boyfriend. How very convenient.

There is also the question on the objectivity of the judge in this case, who refused to remove himself from Rivera's last trial. Judge Stark even asked Rivera if he wouldn't rather just plead guilty instead of going through another trial in 2009. After all, he'd spent such a long time in prison, already. What kind of judge asks a defendant that sort of question?

--Just another example of how 12 seemingly reasonable people can be influenced by the authority of prosecutors and police officers in a court room. Otherwise rational people become idiots when the force of the criminal justice system tells them what they should do. The jury instructions of innocent until proven guilty beyond reasonable doubt means nothing to them once the judge swears in a jury and the prosecution begins arguing the case.

This kind of stuff drives me absolutely crazy and makes me wish I'd gone to law school years ago (as I truly wish I'd done) so I could work with agencies that work on wrongful convictions. (I'd also like to work with Prairie State Legal Services or other agencies that help those without the financial means get the legal help they need. See! I AM a liberal!)

This case has bothered me from the beginning. It never seemed like Juan Rivera was more than a convenient suspect and the more recent trial made me just think, "am I missing something? Am I not hearing something the jury is?" Yes, I suppose it's possible an 11-year-old is sexually active, though it certainly breaks my heart to think so. But it really stretches the bounds of credulity in this case. Please, please, please videotape interrogations and confessions.

--I've got to admit, after reading the original police account (not sure how accurate it is) I can understand why they pursued this guy so hard as a suspect. He changed his story every single time they interviewed him. He may not be the one who did it, but I suspect he has a pretty good idea who did. That said, it's obviously flawed to persecute him for this case when it's not his DNA evidence on the victim.

About "Change of Subject."

"Change of Subject" by Chicago Tribune op-ed columnist Eric Zorn contains observations, reports, tips, referrals and tirades, though not necessarily in that order. Links will tend to expire, so seize the day. For an archive of Zorn's latest Tribune columns click here. An explanation of the title of this blog is here. If you have other questions, suggestions or comments, send e-mail to ericzorn at gmail.com.
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Contributing editor Jessica Reynolds is a 2012 graduate of Loyola University Chicago and is the coordinator of the Tribune's editorial board. She can be reached at jreynolds at tribune.com.